Will the Elimination of Efforts in the Federal Sector to "Build a Workforce That Reflects the Diversity of America" Impact the Private Sector?
Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders addressing Diversity, Equity, and Inclusion (“DEI”) impact them. With these new Executive Orders, private employers [1] are justifiably re-evaluating any action they have planned to take to move DEI forward. Private employers need to know two critical factors. First, the recently issued Executive Orders addressing DEI only cover the federal government workforce. Second, an Executive Order cannot replace or contravene statutes enacted by Congress (federal laws), state laws, or Supreme Court precedent . As such, all federal laws, state laws and Supreme Court precedent prohibiting employment discrimination remain intact and unchanged by the recent Executive Orders, and significant changes to internal DEI efforts may result in increased discrimination claims....